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Student Name:
Michelle C. Llaneta-Villamora
v. Respondent’s Argument:
The respondent argued that the order does not constitute an unlawful intrusion into
the sphere of legislation, by attempting to lay down a public policy of the state or to
settle a political question. The court’s action falls within the legitimate scope of its
jurisdiction. The order does not formulate a policy and is not political in character. It is
not a permanent, all embracing regulation. It is a compromise and emergency measure
applicable only in the present case and calculated to bridge a temporary gap and to
adjust conflicting interests in an existing and menacing controversy. The hiring of
Chinese laborers by the petitioner was rightly considered by the court likely to lead the
parties away from the reconciliation, which it was the function of the court to
effectuate.
vii. Ratio:
The fact that the petitioner does not so much as pretend that the hiring of additional
laborers is its prerogative as a matter of right. It seems to be conceded that during the
pendency of the dispute the petitioner could employ temporary laborers only within the
permission of the court of Industrial Relations. The granting of the application thus lies
within the sound judgment of the court, and if the court could turn it down entirely, its
authority to quality the permission should be undeniable, provided only that the
qualification is not arbitrary, against law, morals, or established public policy, which it
is not; it is an expedient and emergency step designed to relieve petitioner’s own
difficulties. It is also important to remember that it is not compulsory on petitioner’s
part to take advantage of the order. Being a permute petitioner is the sole judge of
whether it should take the order as it is, or leave it if it does not suit its interest to hire
new laborers other than Chinese.